What is the test for interim custody of a child?
Ontario, Canada
The following excerpt is from Suggitt v. Suggitt, 2003 CanLII 2253 (ON SC):
In Kingston v. Kingston [2002], O.J. No. 5367, Wright J. noted: There is a golden rule which implacably governs motions for interim custody: stability is a primary need for children caught in the throes of matrimonial dispute and the de facto custody of the children ought not to be disturbed pendente lite, unless there is some compelling reason why in the interests of the children, the parent having de facto custody should be deprived thereof. On this consideration hangs all other considerations. On motions for interim custody, the most important factor in considering the best interest of the child has traditionally been the maintenance of the legal status quo….By status quo is meant the primary or legal status quo, not a short lived status quo created to gain tactical advantage.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How is child support calculated when one parent has physical custody of a child and the parents share custody of another child? (Ontario, Canada)
Is there a risk of a child dangling like a yo-yo at the end of their parents' string if a judge grants an interim order to change custody on an interim motion? (Ontario, Canada)
Can a court vary a custody and access order where the child spends the preponderance of time resident with the custodial parent, with access to the non-custodial parent for a shorter time period? (Ontario, Canada)
Does a custodial parent have to pay child and spousal support to the non-custodial parent of the child? (Ontario, Canada)
How have courts interpreted a custody order or agreement regarding the residence of a child where the child lives in Canada? (Ontario, Canada)
Can a convicted child luring offender plead guilty in Canada to all charges arising out of his activities of child sexual exploitation and child pornography to the victim's parents in Canada? (Ontario, Canada)
When parties have joint custody of a child, can the child attend English-only primary school? (Ontario, Canada)
If a child takes a gap year before starting secondary education, can that child remain a child of the marriage? (Ontario, Canada)
In what circumstances will a judge enforce a custody order where the child's residence is not the subject of the custody agreement? (Ontario, Canada)
What is the test for changing the custody status quo on an interim custody motion? (Ontario, Canada)
